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BAYER v. TOWNSHIP OF UNION

DOCKET NO. A-1482-07T2.

997 A.2d 1118 (2010)

414 N.J. Super. 238

Donald C. BAYER, Jr., Plaintiff-Appellant, v. TOWNSHIP OF UNION, New Jersey, Officer Christopher Donnelly, Officer Robert Donnelly, III, Officer Edward Koster, Officer Thomas Ollemar, Officer Carlos Turner, Sergeant Marc A. Bruno, Sergeant J. Dilginis, Sergeant Shawn Herrighty, Detective William Fuentes, Detective Thomas Ronan, Detective Gregory Rossi, Detective Lieutenant Ronald Berry, and Captain Edward Shapiro, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided July 7, 2010.

Attorney(s) appearing for the Case

Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, Newark, for appellant (John J. Shotter, of counsel and on the brief).

Weiner Lesniak, LLP, Parsippany, for respondent Township of Union (Alan J. Baratz, of counsel and on the brief).

Hoagland, Longo, Moran, Dunst & Doukas, LLP, New Brunswick, for respondents Officer Christopher Donnelly, Officer Robert Donnelly III, Officer Edward Koster, Officer Thomas Ollemar, Officer Carlos Turner, Sergeant Marc A. Bruno, Sergeant J. Dilginis, Sergeant Shawn Herrighty, Detective William Fuentes, Detective Thomas Ronan, Detective Gregory Rossi, Detective Lieutenant Ronald Berry and Captain Edward Shapiro (Christopher J. Killmurray, of counsel; Matthew G. Rosenfeld, on the brief).

Before Judges CARCHMAN, R.B. COLEMAN and SABATINO.

The opinion of the court was delivered by

R.B. COLEMAN, J.A.D.

Plaintiff Donald C. Bayer, Jr. was arrested for a bank robbery he did not commit, based on a bank teller's misidentification of him at a showup conducted by the Union Township Police Department (the Department) shortly after the crime. Plaintiff sued Union Township (the Township) and the individual police officers involved for false arrest and false imprisonment under the New Jersey Tort Claims...

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